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(영문) 대구지방법원 2017.03.14 2017고단215
업무방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 11:30 on August 12, 2016, performed alcohol on the side table table, while drinking alcohol at “D main points” operated by the Victim C in Daegu-gu, Daegu-gu, Seoul-gu.

It was difficult to avoid a disturbance for about 20 minutes, such as making a series of her knives, cutting off his/her knives, and cutting off his/her knives with knives.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the defendant has a record of being punished several times for the same kind of crime, or that the defendant agreed smoothly with the victim, that the confession of the crime in this case is against the defendant, that is, the favorable circumstances such as the confession of the crime in this case, that is, contingent crimes, and all other favorable conditions for sentencing including the defendant's age, sex, environment, motive or circumstance of the crime, and the circumstances after the crime, etc. shall be determined as ordered

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